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MIN CC 03/21/1995CITY COUNCIL MEETING OF MARCH 21, 1995 BOOK "R" 352 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 21ST DAY OF MARCH, 1995, IN THE CITY1' , 1 HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 5:15 P.M. The Council met in regular session with the following members present: COUNCILMEMBERS: � William B. Green, Mayor Ann James Officers: Dan S. Davis Jim Carter Gene Pipes, City Manager JoAnn Matthews David Martinez Danna Welter, City Secretary Marjorie Rex Dave Luning Scott Bounds, City Attorney Ronald L. Lange i 5:00 P.M. - Texas Department of Transportation held a public meeting concerning preliminary mute designations for the! extension of FM 1791. 6:20 P.M. - Convened for a Public Hearing to consider changes and updates to the Industrial Waste Ordinance as required j by E.P.A. There was no participation. Mayor Green closed the hearing at 6:21 P.M. 6:22 P.M. - Convened for a Public Hearing to consider amendments to the Zoning Map to include deed restricted residential' areas in newly annexed areas into Neighborhood (NC) Zones. There was no participation. Mayor Green ". closed the hearing at 6:23 P.M. CALL TO ORDER Mayor Green called the meeting to order. INVOCATION Invocation by Gene Pipes, City Manager. CONSIDER A RATE INCREASE REQUEST FOR SERVICE AS FILED BY ENTEX GAS Mr. Luther Jones, Manager of Entex, stated that the cost of service rate would be adjusted $.29. The gas cost has been decreasing over the past few years, thereby more than offsetting the cost of service increases. Customers will have a lower bill when the new rates are implemented. Mayor Green stated that if Council takes no action, the rates will go into effect automatically. Council took no action. CONSIDER ORDINANCE 95 -3 -21.1 AMENDING THE ZONING MAP TO INCLUDE ADDITIONAL NC AND MANAGEMENT ZONE AREAS the motion passed unanimously. CONSIDER RESOLUTION 95 -3 -21.1 ENDORSING AND SUPPORTING THE WASTEWATER PRETREATMENT PROGRAM CONSIDER ORDINANCE 95 -3 -21.2 AMENDING THE INDUSTRIAL WASTE ORDINANCE TO COMPLY WITH E.P.A. RULES Mayor Green and Council commended Boyd Wilder and Debbie Daugette on their extensive work on these lengthy documents. Councilmember Matthews made the motion to approve Resolution 95-3-21.1 endorsing and supporting the Wastewater Pretreatment Program and Ordinance 95-3-21.2 amending the Industrial Waste Ordinance to comply with E.P.A. rules and'. Councilmember Rex seconded the motion. All were in favor and the motion passed unanimously. CONSIDER INCREASE IN ROLL OFF RATES AS ADDRESSED BY THE SECOND AMENDMENT TO THE DISPOSAL AGREEMENT AS REQUESTED BY WASTE MANAGEMENT The second amendment to the Waste Management contract regarding construction and demolition roll off service allows', an annual Consumer Price Index increase or decrease, and also provides for adjustment for changes in the cost of disposal (subject, J fl CITY COUNCIL MEETING OF MARCH 21, 1995 BOOK "R" 353 to Council approval). The CPI increased 2.8%, and cost of disposal at Security Landfill went from $4.00 to $4.40 per compacted cubic yard, and from $3.75 to $4.10 per loose cubic yard. Mr. Wilder stated that this would not affect the City of Huntsville's disposal rates, but businesses contracting for roll off containers. Councilmember Rex made the motion to approve the increase in roll off rates requested by Waste Management, and Councilmember Lange seconded the motion. All were in favor and the motion passed unanimously. CONSIDER RESOLUTION 95 -3 -21.2 DESIGNATING A ROUTE PREFERENCE FOR THE EXTENSION OF FM 1791 Mayor Green stated that he had received a letter from the Texas Department of Criminal Justice - Institutional Division indicating that of the routes proposed, they prefer the "blue route" connecting F.M. 1791 to the overpass at I -45 and Highway 75 North. Councilmember Lange made a motion to approve Resolution 95 -3 -21.2 designating the "blue" route as the City of Huntsville's preference for the extension of FM 1791, and Councilmember James seconded the motion. Councilmember Carter stated that he does not feel the "blue" route will alleviate the traffic problems on Highway 30, and one of the other options could be reconfigured to come in at a different place. Mayor Green stated that this particular location (blue route) for the extension has been on the Comprehensive Plan since 1980, and was reiterated in 1989. A vote was taken. All were in favor except Councilmember Carter. The motion passed 8 -1. CONSIDER ORDINANCE 95 -3 -21.3 AMENDING THE TOW TRUCK ORDINANCE TO INCREASE RATES FOR POLICE DIRECTED TOWS Councilmember Matthews made the motion to approve Ordinance 95 -3 -21.3 amending the Tow Truck Ordinance to increase rates for police directed mws and Councilmember Rex seconded the motion. All were in favor and the motion passed unanimously. NOTE: Councilmember Martinez had filed an Affidavit of Conflict of Interest. CONSIDER COPS FAST GRANT APPLICATION, APPROVAL FOR ONE COMMUNITY POLICING OFFICER Chief Eckhardt stated that this community policing officer's duties would be similar to the two bicycle officers currently working in the Martin Luther King area. He plans to assign an additional officer to this project. Areas currently being considered for the placement of these officers include the high crime districts. Councilmember Carter made a motion to approve a COPS Fast Grant Application, approval for one community policing officer, and Councilmember James seconded the motion. All were in favor and the motion passed unanimously. CONSIDER BIDS 1. Library modification, to Prime Contractors in the amount of $95,900. Mr. Schindler stated that this contractor would begin April 3rd and finish by June 1. The Library will be closed for approximately two weeks during the demolition phase and again for a short time after the work is completed to move the books. Councilmember Lange made the motion to approve the hid of $95,900 to Prime Contractors for the library modifications, and Councilmember Matthews seconded the motion. All were in favor and the motion passed unanimously. 2. Long distance service to AT &T. Councilmember Davis made the motion m approve the long distance service to AT &T, and Councilmember Rex seconded the motion. All were in favor and the motion passed unanimously. CONSIDER FEBRUARY TAX COLLECTION REPORT AND APPROVE ADJUSTMENTS TO THE TAX ROLL AS RECOMMEND BY GROVER COOK, CHIEF APPRAISER Ms. Allen requested approval of the February Tax Collection Report with $3,945.00 in adjustments to the tax roll. Councilmember Davis made the motion to approve the February Tax Collection Report and approve adjustments to the tax roll, and Councilmember Luning seconded the motion. All were in favor and the motion passed unanimously. CITY COUNCIL MEETING OF MARCH 21, 1995 MAYOR'S ACTIVITY REPORT l ' 1. Boards and Commission Appointments. a) Appointment of Maria Jimenez (replacing Charles Robinson) as an Arts Commissioner; !j b) Reappointment of Carroll Joe Heaton to the Board of Adjustment and Appeals; and � C) Appointment of Paul Reed (replacing Ken Sherrill) to the Police Promotional Review Board. the motion. All were in favor and the motion passed unanimously. 2. Key Rate (Fire Insurance). Mayor Green stated that the City had been notified that the key rate for fire insurance coverage would be increased, an error had been found and the rates would remain the same. Mr. Pipes stated that this an indication that we are watching what is going on and in the future may need to the key rate system. The key rates vary from city to city. 3. Dr. Crawford's baseball field use request. Mr. Pipes stated that a letter had been received by Dr. Crawford requesting permission to charge admission for ai tournament at Kate Barr Ross to benefit the baseball program. unanimously. 4. Energy /GSU service reduction options. Mayor Green stated that Entergy is considering closing their office in Huntsville. A number of concerns have been,,' expressed including meter readings, response to lines down, and payment of bills. Mayor Green requested Council's direction on ' whether to do nothing and let the office close, or begin proceedings with the Public Utility Commission. I'.. Councilmember Lange stated that he was opposed to the closing of the Entergy office. He feels that we need a direct'!'; communication with Entergy. There seemed to be a breakdown of communication during the recent storms over spring break and'.', feels that closing the office would possibly create a lack or decline of service. Councilmember Liming stated that he felt it would be in the best interest of the City to have an office here to handle our'i concerns locally. He asked what methods staff needs to take to oppose the closing of the office. City Attorney Bounds recommended that if Council desires to oppose this, that the City obtain Jim Boyle, an attorney,, who has done some public utility work in Austin. The process would begin with City Council asserting original jurisdiction. Mr. h Bounds stated that as soon as the expense could be defined, it would be brought back to Council. There is a provision in the Publicji Utilities law that those expenses could be charged back through the utility company. j� Councilmember Luning stated that he felt the City should begin the process. Councilmember Carter stated that he would oppose closing the office contingent upon the cost. He asked that if Entergyhl', is downsizing for efficiency purposes, does that mean that they are going to lower our rates? He feels that they are not and sees!'. no advantage to the City to let them save money that they are going to put somewhere other that this City. Mr. Bounds stated that due to timing, he feels the process needs to be initiated immediately. Mayor Green stated that he appreciates any business trying to be more efficient in their operation, but is concerned about:' the provision of service. He stated that for a City our size, with the student turnover population, it would put us at a distinct' disadvantage to not have the office in Huntsville. Councilmember Lange made a motion to initiate regulatory review of the closing of the Energy office in the Citv ofl' Huntsville, and to negotiate a contract with Jim Bovle, and Councilmember Martinez seconded the motion. All were in favor and the motion passed unanimousl 5. Walker County Fire Contract and J.P.'s discussions. , Mayor Green stated that he had been involved in some discussions relative to the Walker County Fire Contract and requested that Council review this proposed contract in the packet and provide any input. There have also been discussions relative to the City Judge and weekend duties at the Walker County Jail. There are!,. several options that can be taken: 1) provide services one weekend out of approximately six or seven; 2) not provide the services; or 3) hire someone to cover the weekends. He requested direction from Council about these alternatives. CITY COUNCIL MEETING OF MARCH 21, 1995 BOOK "R" 355 �I Councilmember Cuter stated that he favored the City Judge sharing the jail responsibilities. He does not see the need to hire another person to do these duties even though it was not in the job description for the City Judge when he was hired in November. Councilmember Luning stated that he did not know if the City had a moral responsibility to share thejail duties, and could not make a recommendation until he had more information. Mayor Green stated that this is a gray area; it is not clear if the City has this responsibility. It is clear that anyone who has been arrested does have to see a magistrate. Councilmember Matthews stated that rather than cause bad feelings, it may be best to allow the judge to share in the jail duties. Councilmember Lange stated that the City needed to get this dilemma behind it and move on. He did state that residents ''. of the City of Huntsville are County residents just as are the citizens of the City of Riverside and New Waverly. There may be a potential problem with the City Judge sharing these duties due to a conflict of interest in his personal business. He is not recommending, but if the Council decides to allow the magistrate work, he suggests hiring someone as an alternatejudge (pan time) to take care of these duties. Councilmember Davis stated that it cannot be stressed enough that the citizens of the City of Huntsville are County residents. He feels he is represented by a Justice of the Peace as well as a City Judge and wishes that this mindset could be communicated more effectively to the County officials. Mayor Green stated that he felt we were standing on principal rather than dollars and he would attempt to come to an agreement before the next meeting. 6. Consider the proposal to accept drainage retention basin in the proposed West Hill Park Development. Mayor Green stated that Mr. Curtis has a closing scheduled within the next few weeks, and would like for Council to make a decision to accept or reject the drainage retention basin. Mr. Curtis stated that he wants to give the City a small piece of property because he is required to build a retention pond by the City code. The property would be maintained by the consortium as provided in a legal agreement. Mr. Curtis stated that this is not an unusual arrangement in a normal course of business. Mayor Green stated that he felt eventually that those forced to make payments to maintain the property may feel that since it is City property the City should maintain it. Mr. Bounds stated that in talking with the City Engineer the side slopes are at a slightly steep grade for normal maintenance. It was noted that the property owners in the association will have a vested interest in keeping the area well groomed. In the agreement, it would state that the City is permitting the Association to maintain the landscaping around the pond and require them to mow it. Another issue is that some liability will be shifted from the Association to the City, although the City would carry a part of that liability since it is a drainage system. It is not uncommon for cities to enter into these types of agreements. Councilmember Lange stated that his concern is that if something structural happens to the drainage facility, the Association has the liability of the structural damage. Mr. Curtis stated that the Association would be responsible for the surface structures, slopes, grass, grooming and normal care (normal wear and tear). These structures have a life span of 20 years, if it caves in in 10 years, it is the Association's problem. Mr. Bounds stated that some liability can be shifted to the Association in the maintenance agreement. As long as the structure is properly designed and maintained, there should be low risks involved. Councilmember Davis stated that if the City does accept ownership of the retention pond it does set a precedent. Although the tax impact is very small, if this property is removed from the tax rolls, it not only affects the City, but also H.I.S.D., Walker County and Walker County Hospital District. Since this drainage structure is at the top of the watershed and does afford us some opportunity to control drainage, the request seems to have merit. Councilmember Carter stated that the City was not requiring the drainage retention on a whim, this it to protect other property owners downstream and not a benefit to the government. He also stated that he was disturbed that the tax amount on this piece of property was not available. He would consider tax abatement if some natural areas were left beyond the 10% requirement for landscaping and greenspace. Mr. Curtis stated that 17% landscape is planned. Mayor Green stated that negotiating on landscaping is not on the agenda. After further discussion a motion was made. Councilmember Martinez made a motion to accept the gift of the land for the drainage pond as City property. and Councilmember Lance seconded the motion. Councilmember Carter made a motion to table the issue since the tax figures were not available and Council has not bad CITY COUNCIL MEETING OF MARCH 21, 1995 BOOK "R" adequate discussion and understanding of the issue. The motion died for a lack of a second Councilmember Lange stated that this issue had also been discussed at the last meeting. passed 7 -2. 7. Development Code revision review. Mayor Green stated that the following would be the schedule in reviewing the Development Code: • April 11 Chapters 1 and 2 • April 25 Chapters 3 through 7 • May 9 Chapters 8 through 11 • June 6 Chapters 12 -14 • June 27 Public Hearing/Consider Adoption 8. _Consider request by Ceasar O'Neal's family to use the Martin Luther King Center without fee to receive visitors Mayor Green stated that the family of Ceasar O'Neal has requested to use the Martin Luther King Center without fee on Wednesday, March 22, 1995, from 9:00 a.m. to 5:00 p.m, to receive visitors attending Ceasar O'Neal's funeral. Councilmember Lunine made the motion to approve the request to use the Martin Luther King Center without fee, and Councilmember Matthews seconded the motion. All were in favor and the motion passed unanimously. CITY COUNCILMEMBER ACTION 1. Consider Ordinance 95 -3 -21.4 amending the traffic code to remove the stop signs on Sycamore at Palm, as requested by'.: Councilmember Rex. Councilmember Rex made a motion to approve Ordinance 95 -3 -21.4 amending the traffic code to remove the stop signs'..', on Sycamore at Palm Street, and Councilmember Lange seconded the motion. Councilmember Matthews asked if the residents of the area have expressed their view on the removal of the signs. She I does not like to install signs and then a few months later remove them. Councilmember Rex stated that former Councilmember Norton requested these signs to slow traffic as it went past, University Heights Baptist Church on Sycamore. She stated that even with the signs, cars can be to full speed by the time they reach, the Church, and the noise created by the stop signs is excruciating. She has not had any residents talk in favor of the stop signs. Councilmember Carter asked about data used in putting the stop signs at that location. Mr. Pipes stated that the request came from Councilmember Norton and their was some supporting data in terms of'. number of accidents and citations issued. The traffic volume is heavy and it was thought it would effectively improve the situation. Councilmember Carter asked about the accident data since the stop signs have been installed. Mr. Pipes stated that information could be provided. the motion. i! Councilmember Davis asked the Police Chief about his view on this stop intersection. Chief Eckhardt stated that at this time he does not have any information that these stop signs have created a situation of less accidents or that if the stop signs wem. not in place there would be more accidents. He does not feel that the stop signs are affecting the accidents to any great degree one way or another. A motion was taken on the motion to table. Councilmembers Carter, Lotting, Davis and Matthews voted for and Councilmembers Martinez, James, Rex Lance and Mavor Green voted against. The motion failed 5 -4 Mayor Green stated that perhaps Councilmembers should not be so quick to request stop signs in certain locations in the future. A motion was taken on the original motion. Councilmembers Martinez, Rex James, Lunine Lange and Matthews voted for and Councilmembers Carter and Davis voted against. The motion passed 7 -2. 2. Review the Sam Houston Statue Project and Visitor's Center financial report including the use of force account labor various City departments, as requested by Councilmember Carter, Mr. Pipes stated that information regarding the force account labor was provided at the February 14, 1995, Court meeting. Councilmember Cuter requested at the last meeting that this item be on the next agenda. An updated report will not available until the April quarterly budget adjustments. L 71 CITY COUNCIL MEETING OF MARCH 21, 1995 — 357 Councilmember Carter stated he would not state too much since most Councilmembers probably read the letter to the editor in the newspaper. He stated that he was mid from the beginning of the project that no local tax dollars from the City budget would be used on the statue project, and stated that other Councilmember had agreed with that. He is requesting that the force account labor of $146,000 be repaid to the City with a reasonable interest rate. Councilmember Davis stated that he is the Chairman of the Finance Committee in which Councilmember Carter is a member of. He finds it astonishing that the Mayor Pro Tem would write a letter to the newspaper expressing his views without giving the opportunity this evening to have this discussion. He stated that he would find it personally embarrassing if he had confessed that he were a member of this Council and had sat here this past year and not understood what was going on. In every report given to Council, it clearly states that City labor is not included. The City Manager has made this fact abundantly clear from the onset. It is incredible m expect that the City would develop a project of this magnitude and not expend monies on behalf of the City. We can all be proud of what has been done and nothing has been done that is irregular and feels the whole business should be terminated. Councilmember Carter asked Councilmember Davis if from the onset it was said at the meetings that local tax dollars out of the regular City budget would be spent on the statue project and not intended m come out of tourism tax dollars. Councilmember Davis stated that there are three phases of this project: 1) the statue, totally funded out of private contributions (even though the City committed $30,000 for the base that was not spent); 2) the visitors center, at a cost of $500,000, which is in its entirety being funded out of hotel -motel tax at no expense to the taxpayers; and 3) the contribution of City labor which has been reported at every discussion of this project which does come out of the general fund of the City which has been approved by City Council. These would be considered opportunity costs. Councilmember Carter asked when these opportunity costs have been approved by Council, at what point and what meeting. Mayor Green stated that the budget was approved in September 1994. Mr. Pipes stated that special projects have been done for years. City parks crews cleared the site for this City Hall in 1975. Approximately $96,000 was spent last year on Thomason Park (parks, water and sewer, street, electrician employees). City crews have supported the Folk Festival, Fair on the Square, and the Juneteenth celebration, to name a few, without charging it to a line item budget, and have always worked within the budget parameters set by this Council on this project and others in the past. Councilmember Matthews stated that she agreed, labor was used just like electricity and water, and unless the City Attorney can say that this is a legal issue and something has been done wrong she feels no need to discuss it further. Councilmember Matthews stated she agreed with Councilmember Davis and took issue with Councilmember Caner writing a letter and signing it "Mayor Pro Tem ". She also takes issue with City staff being chastised, City staff does an excellent job for the City of Huntsville. As a Council, we are here to work together for the progress of our community. The statue project has benefited this community. Councilmember Lange stated that as a new Councilmember in 1991, Councilmember Carter chastising the former Mayor for using her official title in a letter. It astonished him to see the Huntsville Item editorial signed "Jim Carter, Mayor Pro Tem." Councilmember Luning stated that he has considered the two projects (statue and visitors center) separately. The visitors center project was put "in the mix" by City Council. During discussions Council was advised that City crews would be paving the parking lot, and doing other tasks at the statue site. It has been discussed that the Chamber would be responsible only for the maintenance of the building and the City would be responsible for maintenance of the grounds (since it is City property) Mayor Green stated that the City has a large number of parks and these parks are maintained out of the parks budget. Each park does not have its own line item in the budget. Once the City accepted that gift to be a park, then we also accepted the responsibility to maintain it. Councilmember Carter stated that he was astonished that others were astonished that he could speak m the newspaper or general public using any official title he possesses saying anything representing his position on issues. He has no embarrassment and is very proud of the letter and feels the citizens of Huntsville deserve to know what he thinks are the facts regarding this project. He stated that he assumed that whatever expenditures were made would be repaid. After further discussion a motion was made. Councilmember Carter made a motion that the City require the Chamber of Commerce to reimburse the City budget '$146,000 plus the accounting figure for the work done by the City crews at the statue site. There was no second. The motion died. CITY COUNCIL MEETING OF MARCH 21, 1995 BOOK "R" MEDIA INQUIRIES None. ii ADJOURNMENT Recess into EXECUTIVE SESSION to discuss pending litigation: 1) Townsend v. State Farm and City; and 2) Billy Done, Carroll v. City. D=a Welter, City Secretary i jl it i I� I'